Reliable Construction Truck Accident Attorneys

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How a Construction Truck Accident Lawyer Can Help

Construction sites are busy and workers must ensure traffic can pass safely. Negligence on the part of construction truck drivers and trucking companies happens when duties of care get ignored. The accidents that occur as a result can have severe and long-lasting consequences. An accomplished construction truck accident lawyer can help if you have suffered personal injury or other negligence-related harm.

One common problem we encounter is that some injured people try to go it alone. The construction companies are heavily insured and have legal advisors ready to fend off your lawsuit. That is where the legal team at Wilshire Law Firm can help.

We pride ourselves on our record of fighting for client rights and obtaining the compensation they need. Wilshire Law Firm lawyers have the knowledge and diligence to be successful at the negotiation table and in court.

Our clients have questions about their options and wish to resolve the claim as soon as possible. We know the insurance company will do everything possible to deride a claim and pay as little as possible, even if its client is at fault. One tactic is to urge the injured party to accept their lowball settlement.

To obtain these funds, the person must sign a waiver saying that by accepting this amount, they will never file a claim for the same incident again. This malevolent tactic leaves everyone off the hook. Even if surgery is necessary later, they will not pay. It is sometimes better to wait until your doctor gives you the all-clear.

We work to help our clients get a fresh start after a horrific experience. Call us at (800) 501-3011 to schedule a free case review. You pay nothing unless you win your case.

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Personal Injury vs. Workers’ Compensation Lawsuit

To move forward with a lawsuit, our construction truck accident attorneys can help determine which kind of case to pursue. A personal injury lawsuit is when someone who was hurt in a crash sues the person or party responsible for the accident. A workers’ compensation lawsuit is when a construction truck driver or employee has an accident while on the job and they sue their employer for lost wages, medical costs, and other expenses.

At Wilshire Law Firm, we handle both types of cases. During your free case review, our knowledgeable lawyers will hear your important story and help determine your appropriate case type and strongest legal strategy to pursue justice and compensation. Call us 24/7 to get started.

LEARN MORE: California Workplace Injury Lawyers

Determining Liability in a Construction Truck Crash

Attorneys prove liability in many ways since, without showing negligence, the case will not proceed. Our top construction truck accident lawyers build proof by examining the evidence in the following ways:

Review police reports: A police report is standard in most accidents. When the police arrive at the accident scene, they look to see why the crash occurred. Besides talking to those involved in the crash and witnesses, they examine the road for clues such as skid marks. Often, the police officer on site will diagram the impact and check for infractions such as DUI. However, mistakes sometimes exist, and our investigators thoroughly scour the information looking for them. If they go unnoticed, the police report could adversely affect the plaintiff.

Accident reconstruction: Forensic reconstruction of the construction truck crash is a needed feature of an investigation. Our reconstruction specialists analyze every truck accident aspect and compile a solid report. They use scientific methods to create a visualization of what happened. This report helps structure the case and strengthen the argument at the negotiation table or court.
Video surveillance: Cameras around the construction site and dashcams provide extraordinary evidence. We obtain the footage to build a strong case for our client.
Interviewing witnesses: Witnesses can provide a perspective that helps when structuring a lawsuit. In construction crashes, workers, drivers and others often give our investigators a detailed picture of what happened when the collision occurred.

A manager on radio communication to control container load in industrial in front of machine lift container and cargo space. transport and logistics concepts.

Pursuing Compensation for a Truck Accident on a Construction Site

Construction site accidents are complex due to the number of people and vehicles that could be at risk. Common types of compensation are listed below:

Lost wages: When you are hurt, working is sometimes impossible. A construction truck accident lawsuit can make a big difference. It is possible to recover wages, bonuses, and commissions. If you are permanently disabled, you can recover future wages too.
Medical Expenses: The cost of medical care can be expensive. However, it is recoverable. This list includes emergency room expenses, doctor’s fees, surgery, diagnostic tests, physical therapy, and medication. Assistive devices such as wheelchairs and prosthetics are reclaimable. House restructuring costs can be recouped to allow for disabilities, as can home nursing care if needed.
Pain and Suffering: You may suffer pain and suffering, emotional trauma, loss of love, and disfigurement due to your injury. There is no universal formula for calculating pain and suffering compensation, as it varies from case to case. The spouse can file a loss of consortium lawsuit for difficulties maintaining a marriage.
Punitive damages: Occasionally, the court awards additional damages due to the trucker’s or company’s reprehensible negligence. These are punitive damages and punish the at-fault party.

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Statistics for Construction Truck Accidents

The Federal Motor Carrier Safety Administration reported that in 2020 big construction trucks accounted for twenty-six percent of fatal accidents in work areas and fifteen percent of all injuries.[1] It also reported an increase of twenty-seven percent rise in crashes per million over the previous ten years. Information from the Insurance Institute for Highway Safety explained that most of the fatalities were to those traveling in passenger vehicles.[2]

Who Is Liable for a Construction Truck Accident?

Construction sites are dangerous places. Workers, truck operators, and drivers can suffer grave injuries. The construction company bears the greatest responsibility.

The construction company must oversee the site to ensure that accidents are minimal, if at all. They can do this by:

Putting up warning signs
Posting clear instructions for detours
Keeping large equipment off the roadway

Workers could also be responsible. A lack of care could occur when a worker leaves debris in the roadway that causes a tire puncture, leading to a blowout and an accident.

The city can also be liable if, for instance, road maintenance is faulty and exposes the driver to potholes, lack of guardrails or foliage overgrowth. The rules for filing a claim against a city or government agency differ from other personal injury lawsuits. Wilshire Law Firm’s seasoned construction truck accident attorneys can walk you through how these claims may differ.[3]

Defective equipment can also cause car accidents, and a product liability lawsuit is possible. Finally, third-party negligence, such as that of a subcontractor, can wreak havoc at a construction site. The subcontractor, in this case, can be liable.

California Laws for Construction Sites

Government agencies and construction companies have to follow many safety laws under Vehicle Code § 21370 (2022) California when working in an area, including:

The company must post signs before the roadwork area to warn approaching motorists of the change and lowering their speed.
Signs at the construction area warning of potential limits in pathways or detours should be displayed.
Posted signage for areas with uneven pavement or other conditions is required.
The placement of temporary routes is marked.
Detour signs where needed.
Keeping equipment and workers away from traffic when possible. If not, the equipment entering or crossing the area must have signage and safety personnel.
The construction company must clear the vehicle pathway of debris and other obstacles.

If the government entity or construction company violates these rules, resulting in an injury or accident fatality, they may be financially responsible.

What Are Considered Construction Vehicles?

Construction work vehicles come in a wide range and depend on the job. Following are some of the most common vehicles you see at a construction site:

Tractor-trailers used to bring supplies
Earthmovers, such as bulldozers, graders, backhoes, and dump trucks
Cement mixers
Vehicles for high work, such as cranes and cherry pickers
Forklifts used to move smaller amounts of work materials or to move items

A construction truck and the car collided on the highway.

Common Types of Construction Truck Accidents

Construction vehicles come in a wide variety of types, sizes and weights. The types of accidents reported commonly include the following:

Backing accidents: Because the operator of a construction vehicle often has limited vision, spotting a pedestrian or even a smaller vehicle behind them can lead to a severe accident when the equipment is backing up.
Rollovers: Some construction trucks, such as dump trucks, are designed to haul heavy loads. Dump trucks are especially vulnerable to rollovers when negotiating a tight turn at too high a speed. Others, such as cranes, forklifts and excavators, have the weight transferred to another part of the vehicle, which can cause an overbalance and result in a rollover. In a rollover, those who are nearby or the operator may suffer serious injuries.
Crush accidents: Leaving the engine running on a large construction vehicle can cause a crush accident if it begins to move independently.
Spilled cargo: Unsecured or loose cargo overloaded can risk spilling on a roadway or nearby vehicle. [5] Cement trucks can experience spilled cargo if the moving drum is too full or the material is too liquid. In these cases, the load may spill if the driver hits a bump or goes up or down a hill. In addition, flatbeds hauling pipes or other materials can spill their cargo if the materials are not secure.

Construction Truck Drivers Have a Duty to Exercise Care

Many issues with driving these large vehicles cause potential problems that are not common in passenger cars. When construction truck drivers fail to practice great care, accidents may occur as a result of breaching that duty of care.

Some of the complications with driving these types of vehicles include:

Massive weight: A semi weighs up to 80,000 pounds, which makes it dangerous when involved in a collision. Cement trucks weigh between 20,000 and 30,000 pounds. When fully loaded, the weight increases to around 60,000 to 70,000 pounds. Bulldozers weigh from eight to 180 tons. Drivers of these big vehicles must account for the increased stopping distance required due to their weight, which could lead to an accident.
Height makes some vehicles less stable: A crane can fail and cause an accident in many ways due to their inherent instability. Ground conditions and wind can contribute to a crane falling over. Other essential factors in crane safety include proper setup, underestimated weight load and operator experience.
Lack of visibility: It’s known that big rig operators have large blind spots around their vehicles, which they must consider while driving.[6] Other construction trucks have the same problem. Blind spots, or no-zones, can cause accidents involving people on foot and collisions backing.
Loose debris: Trucks transporting dirt, gravel, wood, etc., must cover the load with a tarp in public areas. Failure to do so can cause injuries if the material is discharged and strikes a person or vehicle.
Maintenance issues: Lack of maintenance in any vehicle is dangerous but can be deadly in a construction vehicle. Construction equipment requires regular care and keeping up with repairs. In addition, the operator’s skill and locale/climate of the area plays into wear and tear on the vehicles.

Free Case Review with an Accomplished Construction Truck Accident Law Firm

Wilshire Law Firm’s best personal injury lawyers work to obtain the maximum recovery for your losses. We aim not just to win your lawsuit but also to secure a life-changing award for you. As a result of our experience, knowledge, and resources, we can get the job done. We also work to keep our clients informed throughout the complex legal process.

Our team is available 24/7 to answer questions or take calls. What we do is centered on you and your family. On top of this, you pay no fees unless you win.

Call us at (800) 501-3011 to schedule a free case review if a construction truck accident caused injuries.

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